Peter A. Martin v. Honorable Raymond J. Donovan, Secretary of Labor, United States Department of Labor

KENNEDY, Circuit Judge:

Peter Martin was discharged for intoxication on the job by Areata Redwood Company, an “affected employer” under Title II of the Redwood National Park Expansion Act of 1978, Pub.L. No. 95-250, §§ 201-213, 92 Stat. 163, 172-82; 1 see id. § 201(6). He now seeks benefits under the Redwood Act.

A discharge, even for cause, may qualify an employee for benefits under § 201(12) of the Redwood Act, which defines “total layoff” as “a calendar week during which affected employers have made no work available to a covered employee.” Martin argues that an employer “makes no work…